Government Gazette

Vol. 402, No. 19608, 18 December 1998

Regulation Gazette, No. 6384

No. R. 1661

GOVERNMENT NOTICE

DEPARTMENT OF LABOUR

LABOUR RELATIONS ACT, 1995

BARGAINING COUNCIL FOR THE FURNITURE MANUFACTURING INDUSTRY, KWAZULU-NATAL:
EXTENSION OF TRAINING FUND COLLECTIVE AGREEMENT TO NON-PARTIES

Under section 32 (2) of the Labour Relations Act, 1995 (Act No. 66 of 1995), I, Membathisi Mphumzi Shepherd Mdladlana, Minister of Labour, hereby declare that, from 28 December 1998 to 30 June 1999, the Collective Agreement in the Schedule, which was concluded in the Bargaining Council for the Furniture Manufacturing Industry, KwaZulu-Natal, is binding on other employers and employees in that Industry, not parties to that Agreement, in the areas known as—

  1. Area A in the Province of Natal, which consists of the Magisterial Districts of Camperdown, Chatsworth, Durban, Inanda, Pietemmaritzburg, Pinetown, in the Province of Natal as it existed on 3 July 1954 and the Magisterial District of Mount Currie as it existed on 3 July 1954;
  2. Area B. which consists of the Magisterial Districts of Umvoti (Greytown), Lions River, Port Shepstone, Richmond, Lower Tugela and Umzinto, and the municipal areas of Estcourt, Ladysmith and Newcastle as it existed on 3 July 1954;
  3. Area C, which consists of the remainder of the Province of KwaZulu-Natal, excluding any portion of those areas which fell within the self-governing territory of KwaZulu and the Republic of Transkei immediately prior to the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993).

M. M. S. MDLADLANA
Minister of Labour

SCHEDULE

BARGAINING COUNCIL FOR THE FURNITURE MANUFACTURING INDUSTRY, KWAZULU-NATAL

TRAINING FUND COLLECTIVE AGREEMENT

in accordance with the provisions of the Labour Relations Act, 1995, made and entered into by and between the

KwaZulu-Natal Furniture Manufacturers' Association

(hereinafter referred to as the "employers" or the employers' organization"), the one part, and the

National Union of Furniture and Allied Workers of South Africa

(hereinafter referred to as the "employees" or the "trade union"), of the other part,

being the parties to the Bargaining Council for the Furniture Manufacturing Industry, KwaZulu-Natal.

1. THE TRAINING FUND FOR THE FURNITURE MANUFACTURING INDUSTRY, KWAZULU-NATAL

The Fund formally known as "The Training Fund for the Furniture Manufacturing Industry" which was established in terms of the Agreement published under Government Notice No. R. 2313 dated 5 December 1975, is hereby continued in so far as matters relating to the Training Fund for the Furniture Manufacturing Industry, KwaZulu-Natal is concerned.

2. SCOPE OF APPLICATION OF AGREEMENT

  1. The terms of this Agreement shall be observed in the Furniture Manufacturing Industry, KwaZulu-Natal—
    1. by all employers who are members of the employers' organization and by all employees who are members of the trade union, who are engaged or employed in the Industry, respectively;
    2. in the Area of jurisdiction of the Bargaining Council for the Furniture Manufacturing Industry, KwaZulu-Natal, as it appears in its Certificate of Registration, namely—
    1. the whole of the Province of KwaZulu-Natal; and
    2. the Magisterial Districts of Bizarre, Flagstaff, Lusikisiki, Matatiele, Mount Ayliff, Tabankulu and Umzimkulu.
  2. Notwithstanding the provisions of subclause (1), the provisions of this Agreement shall apply—
    1. only to employees for whom wages are prescribed in the Main Agreement, and to the employers of such employees;
    2. to apprentices in so far as they are not inconsistent with the provisions of the Manpower Training Act, 1981, or any regulations made thereunder or contract entered into in terms of the said Act.
  3. The terms of this Agreement shall not apply to non-parties in respect of clause 1 (a).

3. PERIOD OF OPERATION OF AGREEMENT

This Agreement shall come into operation on the date fixed by the Minister of Labour to be the effective date from which the Agreement shall be extended to become binding on non-parties, and the Agreement shall remain in force till 30 June 1999.

4. DEFINITIONS

Any expressions used in this Agreement which are defined in the Labour Relations Act, 1995, shall have the same meaning as in that Act, any reference to an Act shall include any amendments to such Act, and unless the contrary intention appears, words importing the masculine gender shall include females, and vice versa; further, unless inconsistent with the context—

"Act" means the Labour Relations Act, 1995;

"Council" means the Bargaining Council for the Furniture Manufacturing Industry, KwaZulu-Natal, registered in terms of section 29 of the Act;

"employee" means any person employed by or working for any employer and receiving, or being entitled to receive any remuneration, and any other person whatsoever who in any manner assist in the carrying on or conducting of the business of an employer; and "employed" and "employment' have corresponding meanings;

"employer" meansany person whatsoever who employs or provides work for any person and remunerates or expressly or tacitly undertakes to remunerate him, or who permits any person whatsoever in any manner to assist him in the carrying on or conducting of his business; and "employ" and "employment" have corresponding meanings;

"Fund" means the Furniture Manufacturing Industry Training Fund referred to in clause 4;

"Furniture Manufacturing Industry" or "Industry" means, without in any way limiting the ordinary meaning of the expression, the manufacture either in whole or in part of all types of furniture irrespective of the materials used, and includes the following operations:

Repairing, upholstering, reupholstering, staining, spraying or polishing and/or repolishing, making of loose covers and/or cushions and/or curtains and/or the making of and/or repairing of box-spring mattresses, and/or frames for upholstering; woodmachining, veneering, woodturning, and carving in connection with the manufacture and/or repair of furniture; polishing and/or repolishing of pianos; the manufacture and/or staining, spraying and polishing and/or repolishing of tearoom, office, church, school, bar or theatre furniture, cabinets for musical instruments and radio or wireless cabinets and also includes the manufacture or processes in the manufacture of bedding, the definition and interpretation of which shall include all manner odor types of mattresses, springmattresses, overlays, pillows, bolsters and cushions, and includes the activities carried on in any premises where woodmachining, woodturning and/or carving in connection with the production of furniture is carried on; and further includes, the repairing, reupholstering or repolishing of furniture in or in connection with establishments in which the production of furniture or any operation associated with the final preparation of any articles of furniture for sale, either in whole or in part, is carried on, and the veneering of laminated blackboard or plywood doors used for furniture, and all parts of materials used in the construction of furniture, but excludes the manufacture of articles made principally of wicker, grass and/or cane, and the manufacture of metal furniture, including the manufacture of metal bedsteads;

"Main Agreement" means any current agreement for the Furniture Manufacturing Industry, KwaZulu-Natal published in terms of section 32 of the Act, in which wages are prescribed or, in the absence of such an agreement, the last wages agreement published for the Industry in terms of the Act;

"remuneration" means the gross payments (other than that of proprietors or managing directors), for work done in the Furniture Manufacturing Industry, which includes normal pay, payment for overtime, bonus and holiday payments and cash allowances, but does not include payments in kind such as the provision of houses or motor vehicles.

5. FURNITURE MANUFACTURING INDUSTRY TRAINING FUND

  1. The Council, having been advised of the establishment of the Furniture Manufacturing Industry Training Fund, hereby authorises for the purpose of implementing the objects set forth in the Constitution of the Fund the collection of levies in accordance with the procedure detailed hereunder.
  2. From the date of coming into operation of this Agreement every employer shall pay to the Council a monthly levy equivalent to 1,5 per cent, plus the ruling VAT rate, of the total remuneration paid by him to all his employees in the Industry for whom minimum wages are prescribed in the Main Agreement and for apprentices.
  3. (a) The amount payable each month in terms of subclause (2) shall be forwarded to the Secretary of the Council, PO. Box 1554, Durban, 4000, not later than the 10th day of the month immediately following the month to which it relates, together with a statement in such form as may from time to time specified by the Council.

(b) An employer who is in arrear with payments in terms of paragraph (a) and who fails, after having been warned in writing by the Council to forward the outstanding amounts within seven days of the date of such warning, shall upon being notified by the Council in writing to do so, submit the amounts in terms of this clause week by week so as to reach the Secretary not later than the Friday following the payday of the week in respect of which the amounts are due. The payment submitted in respect of the last payday of each calender month shall be accompanied by the form referred to in paragraph (a). An employer to whom the provisions of this paragraph have been applied may only upon being notified by the Council in writing revert to the payment of amounts payable in terms of this clause on the monthly basis provided for in terms of paragraph (a).

(c) Should any amount due in terms of this clause not be received by the Council by the 1 5th day of the month following the month in respect of which it is payable, the employer shall pay interest on such amount or on such lesser amount as remains unpaid, calculated at the rate of one per cent per month or part thereof from such 15th day until the day upon which payment is actually received by the Council: Provided that the Council shall be entitled in its absolute discretion to waive payment of such interest or part thereof.

  1. The Council shall, at the end of each month, remit to the Fund the total amount of contributions collected in terms of subclause (3), less a collection fee not exceeding two per cent, which amounts shall accrue to the general funds of the Council
  2. Every employer in the Industry shall submit to the Training Board at the Head Office, P.O. Box 61 631, Marshalltown, 2107, by the 21st day of the month following the end of each quarter a return showing the total salaries and wages paid by him to all employees employed by him in the three calendar months preceding 28/29 February, 31 May, 31 August and 30 November of each year. All employees employed by him shall be deemed to be employed in the Furniture Manufacturing Industry, unless he provides contrary proof to the satisfaction of the Training Board. The employer shall have such returns certified annually by a public auditor.
  3. Copies of the Constitution and of the audited annual accounts and balance sheets of the Fund shall be lodged with the Council and the Registrar of Labour Relations. Department of Labour. For the purposes of this subclause, the term "Constitution" includes any amendments to the Constitution adopted from time to time.

6. EXEMPTIONS

(1) General:

  1. The Council may grant exemption from any of the provisions of this Agreement for any good and sufficient reason, and if exemption has been applied for by a non-party to the Council and the independent body hereafter styled the Exemptions Board, established in terms of clause (5) (2) hereunder requests the Council to do so, must grant such exemption.
  2. All applications for exemption must be in writing, in the specified form, as specified by the Council from time to time and must be addressed to the Secretary of the Council.
  3. All applications for exemption must be substantiated and fully motivated and shall include amongst other things—
  1. the period for which exemption is required;
  2. the relevant Agreement and clauses or subclauses of the Agreement from which exemption is required;
  3. proof that the exemption applied for has been discussed by the employer, his employees and their respective representatives. The responses resulting from such consultations, either in support of or against the application are to the included with the application.
  1. The Council or the Exemptions Board, as the case may be, shall fix, in respect of any person granted exemption, the conditions subject to which such exemption is granted and the period during which such exemption shall operate: Provided that the Council may, in the case of an exemption to a party employer or employee, and, the Exemptions Board may, in the case of an exemption to a non-party employer or employee, if it deems fit after one week's notice in writing has been given to the person concerned, withdraw any licence or exemption.
  2. The Secretary of the Council shall issue to every person granted exemption a licence signed by the Chairman and Secretary of the Council setting out—
  1. the full name of the person concerned;
  2. the provisions of the Agreement form which exemption is granted; (iii) the conditions fixed in accordance with subclause (d); (iv) the period for which the exemption shall operate; and (v) the reason for the exemption being granted.
  1. The Secretary of the Council shall—
  1. number consecutively all licences issued;
  2. retain a copy of each licence issued; and
  3. where exemption is granted to an employee, forward copy of the licence to the employer concerned.

(2) Independent body (styled the Exemptions Board):

  1. Establishment:

In terms of section 32 of the Labour Relations Act, 1995, the Council hereby establishes an Exemptions Board to consider application for exemption from non-parties from any of the provisions of the Agreement for any good and sufficient reason.

  1. Composition of the Exemptions Board

The Exemptions Board shall consist of a Chairperson and four members, each of whom may have an alternate.

  1. Appointment of chairperson

The Exemptions Board shall appoint a chairperson of the Exemptions Board a person who is not a party or member of a party to the Bargaining Council and who, in the opinion of the Council, will be generally acceptable to employees and employers in the Furniture Manufacturing Industry.

  1. Termination of appointment of chairperson:

The office of chairperson shall become vacant if—

  1. he resigns from office;
  2. he fails to attend two consecutive meetings of the Exemptions Board without good cause;
  3. he becomes a party to or member of a party to the Bargaining Council;
  4. the vacation is for any cause recognised by law.
  1. Appointment of members of the Exemptions Board:

The Bargaining Council shall request the institutions listed in the schedule promulgated in terms of section 207 from time to time to nominate members and alternates to the Exemptions Board.

  1. Termination of membership of the Exemptions Board:

A member's position shall become vacant if—

  1. he resigns from office;
  2. he fails to attend two consecutive meetings of the Exemptions Board without good cause;
  3. he becomes a party of member of a party to the Bargaining Council;
  4. the vacation is for any cause recognised by law.
  1. Duties of chairperson:

The chairperson shall preside at all members of the Exemptions Board, and in conjunction with the Secretary of the Exemptions Board after consultation with the members, shall set the time, date and venue for meetings of the Exemptions Board. He shall endeavour to ensure that members apply their minds properly to the granting of exemptions and that they comply with the requirements of clause 6 of this Collective Agreement.

  1. Duties of the Exemptions Board:

The Exemptions Board shall consider each application for exemption from the provisions of the collective agreement with due regard to the criteria set out in clause (2) (i) (vii) below, and shall decide whether the exemption applied for should be granted, and if so under what conditions and for what period. In the event of less than two thirds of the members present who have the right to vote at the Meeting at which the decision is to be taken vote in favour of the application, such application for exemption shall be refused. The Exemptions Board shall furnish clear reasons, in terms of the criteria set out in clause (2) (i), as to why it has made its decision. A decision shall be made within 30 days of the application having been referred, unless the applicant agrees to an extension of the period.

The Exemptions Board may request further information from either the applicant or the Bargaining Council in order to arrive at a decision.

Should a member of the Exemptions Board have any personal interest in the outcome of the exemption being considered he shall declare such interest prior to the consideration of the exemption.

  1. Criteria that must be applied by the Exemptions Board when it considers applications for exemptions: The Exemptions Board shall apply the following criteria when it considers applications for exemptions:
  1. It should ensure that the exemption applied for would not be in conflict with the primary objects of the Act.
  2. It shall not grant exemption unless it has formed the opinion that failure to grant exemption would seriously prejudice the applicant.
  3. It shall consider the interests of the Industry, taking into account whether the granting of the exemption—
  1. In the event that the applicant is a manufacturer it shall take into account how the granting of exemption would effect its—
  • workers' job security;
  • workers' living standards;
  • workers' benefits in terms of the Bargaining Council collective agreements
  1. The Exemptions Board shall have regard to the degree to which the granting of exemption would permit the exploitation of workers.
  2. The Exemptions Board shall have regard to the degree to which the granting of exemption would permit the viability of funds or schemes operated by the Bargaining Council.
  3. It shall take into account whether the granting of exemption would adversely affect Labour Relations at sectoral level

7. ENFORCEMENT OF THE AGREEMENT AND RESOLUTION OF DISPUTES

  1. The Council may appoint one or more specified persons and may nominate them for appointment by the Minister as designated agents, to assist in giving effect to the terms of this Agreement.

  2. If there is a dispute about the interpretation of application, including enforcement, of any provision of the Agreement, any party to the dispute may refer the dispute in writing to the Council.

  3. The party who refers the dispute must satisfy the Council that a copy of the referral has been served on all other parties to the dispute.

  4. The Council must attempt to resolve the dispute through conciliation.

  5. The Secretary of the Council may require a designated agent to investigate the dispute.

  6. The designated agent must investigate the facts surrounding the dispute and if the designated agent has reason to believe that the agreement has been breached, the designated agent may endeavour to secure compliance with the agreement through conciliation.

  7. The designated agent shall submit, within seven days, a written report to the Secretary, steps taken to secure compliance and the outcome thereof.

  8. If the dispute remains unresolved after 30 days, any party to the dispute may request the Secretary of the Council to refer the dispute to arbitration by an accredited agency appointed by the Council.

  9. If during the course of performing a designated agent's duties, he discovers what appears to be a breach of the Agreement, the designated agent shall—

  1. investigate the alleged breach;
  2. endeavour to secure compliance with the Agreement; and
  3. submit a report to the Secretary on the investigation, the steps taken to secure compliance, and the outcome thereof.
  1. On receipt by the Secretary—
  1. may require a designated agent to conduct further investigations; or
  2. if further conciliation is indicated, refer the matter to the Council for conciliation; or
  3. issue a compliance order; or
  4. refer the dispute to an accredited agency for arbitration.
  1. The Secretary may apply to make the arbitration award an order of the Labour Court under section 158 (1) of the Act.

Signed, at Durban on behalf of the parties, this 7th day of April 1998.

J. S. OLIVIER
Chairman

E. M. MOOSA
Vice-Chairman

G. MOONSAMY
Vice-Chairman

G. J. P. BLIGNAUT
Secretary